FEDERAL LAND BANK OF OMAHA v. LOWER

No. 86-1393.

421 N.W.2d 126 (1988)

The FEDERAL LAND BANK OF OMAHA, Appellee, v. John V. LOWER and Diana K. Lower, Appellants. Farmers Trust & Savings Bank, Williamsburg, Iowa, Stuart Blythe, and Unknown Claimants, Defendants.

Supreme Court of Iowa.

March 16, 1988.


Attorney(s) appearing for the Case

Scott H. Hughes, Council Bluffs, for appellants.

John C. Monroe, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ, and LAVORATO, JJ.


LAVORATO, Justice.

The only issue properly presented for our further review here is whether a mortgagor must account to a mortgagee's receiver for rent the mortgagor received on encumbered land during the period between the entry of a foreclosure decree and the request for appointment of a receiver.

John V. and Diana K. Lower, the mortgagors and defendants in this case, contend that a mortgage's lien provisions take effect only after the mortgagee has both...

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